• Automatic divorce

I am married for 2 years. I have a baby boy who is one year old. My in laws have thrown me out of their house and now do not even let me enter my matrimonial house to take my clothes and necessary personal use items. Recently i have come to know that if husband n wife live separate for 9 months they are automatically divorced. I am staying at my parents home for kast 4 month. Pls tell is the automaticdivorce thing true? And secondly how can i enter my inlaws house? I went there once, my inlaws called 100 number. Police came did no harm to us but my inlaws did not open door.
Asked 11 months ago in Family Law from New Delhi, Delhi
Religion: Sikh
1) there is no automatic divorce if yiu stay separate for 9 months 

2) you or your husband have to move court to get divorce decree on grounds mentioned under Hindu marriage act 

3) you  can file domestic violence against your husband and in laws and seek right to stay in your matrimonial home or seek alternative accommodation 

4) you can also seek maintenance for yourself and your son 

Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
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Hello,
1) There is nothing called automatic divorce. If you want divorce you beef to file a petition seeking divorce from a court.

2) You can file for divorce on grounds of cruelty and you can also get all your belongings out of the matrimonial home and get maintenance for yourself and the child.

3) Instead of begging to enter the matrimonial home get it by right. Filea case under Protection of violence against Domestic Violence (DV) and demand residence, protectionl, compensation for suffering etc. Engage a lawyer to help you.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
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You have been wrongly informed by some miscreant abut this automatic divorce.
There is no such rule or law that when a husband and wife live separately,for a specific time or beyond that shall get automatic divorce.
This type of your innocence is the reason that you have been made to suffer so much by your husband and and in laws. 
You have full rights to live in your matrimonial house so long you are not divorced or your marriage has been dissolved by a decree of divorce in the court of law. 
You can enter in to your matrimonial house with the help of police support.  
Your in laws cannot refuse you to enter their house.  If they do so, you can file a domestic violence case against them for protection, residential rights and return of property. 
You may take the help of a local lawyer to solve all such further issues legally.
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
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Your knowledge is not right. No automatic divorce happens in India and it does not allowed by law. Prevention of Women against Domestic Violence Act can help you. File a Domestic violence case against in law and ask the relief as right to stay in your matrimonial home or seek alternative accommodation ,protection from threat from In laws and husband .The following  things kept in mind about law and protection. If getting a decree Your in laws cannot refuse you to enter their house.

Right to stay in matrimonial home
Battered women are frequently rendered shelterless. They need to know what can be called their matrimonial home. It is the household that a woman shares with her husband  whether it is rented, officially provided, or owned by the husband or his relatives. A womans right to remain in the matrimonial home has been recognized under the Protection of Women from Domestic Violence Act, 2005. If a woman is being pressurized to leave the matrimonial home, she can ask the court for an injunction or restraining order protecting her from thrown out. It is generally advisable not to leave the matrimonial home provided there is no threat to life or threat of injury. It is easier to get a court order preventing a woman from being thrown out that to get an order enforcing her right to return to it once she has left or been thrown out.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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No your sources are wrong. This is not true. There is nothing such as automatic divorce. During the subsistence of your marriage you have an indefeasible right to reside in your matrimonial home. File a case of domestic violence to enforce your right to residence. 
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
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there is no procedure for automatic divorce in Indian Law,
you may file a domestic violence case against them before magistrate court and claim protection, right to residence, maintenance, child custody and compensation under section 18,19,20,21 & 22 of Protection of Women From Domestic violence act-2005.

Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. There is nothing called as automatic divorce. Even if you stay separated for 40 years without any decree of divorce issued by a Court, you shall be legally considered as married couple,

2. You can immediately file a police complaint u/s498A and 406 and also that you have been physically thrown out of your matrimonial house and enter their with the help of police,

3. You can also file a DV case claiming maintenance, protection and separate accommodation.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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